MATTER OF ALLSTATE INS. CO. v. GEMMELL


79 A.D.2d 927 (1981)

In the Matter of Allstate Insurance Company, Respondent, v. George Gemmell, Respondent, and Insurance Company of North America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 8, 1981


Unanimously reversed, on the law and the facts, partial judgment is directed determining that INA has no coverage on account of the accident of December 10, 1978, and the matter is remanded to the Supreme Court for further proceedings; with costs to INA against Allstate.

The evidence established that between one and four months prior to the accident Mr. Primavera, the then owner of the Chevrolet car involved in the accident, had directed INA to cancel the insurance...

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